Lord Blencathra (Con)

My Lords, I will be very brief this time. My Amendment 214FA seeks to add hospitality venues. This is an important clause which has my full support; I simply want clarification that cafes, restaurants, pubs and bars are included in the definition of retail premises. In UK law, “retail premises” typically refers to premises where goods are sold directly to consumers for personal use. This includes shops, supermarkets and other establishments where tangible products are offered for sale. Hospitality venues such as cafes, restaurants, pubs and bars primarily provide services: the preparation and serving of food and drink for consumption on the premises. While these venues may sell some items to take away, their main business activity is the provision of hospitality services rather than retailing goods. UK planning law differentiates between retail and hospitality venues through the use of “use classes”, which categorise buildings and their permitted activities. Class E—commercial, business and service—includes shops, restaurants, cafés, financial services and other commercial uses. While both retail shops and hospitality venues are covered under class E, they are distinct subcategories within this class. Class E(a) refers to shops selling goods, while class E(b) refers to the “sale of food and drink principally to visiting members of the public where consumption is mostly undertaken on the premises”, which covers cafés, pubs and restaurants. Therefore, while cafés and restaurants fall under the same broad planning class as retail shops, they are not regarded as retail outlets in the strict sense, but rather as hospitality or food service venues. Legislation relating to employment, health and safety, licensing and business rates may further distinguish between retail and hospitality businesses. For example, food hygiene regulations specifically address food service establishments, while retail regulations focus on the sale of goods. Under UK law, cafés and restaurants are not generally regarded as retail outlets; they are classified as hospitality venues or food service establishments. The key distinction lies in the primary activity. Selling goods is retail whereas providing food and drink services is hospitality. From what I understand, the core hospitality operations—serving meals and drinks, and providing accommodation—are not generally covered under the definition of a retail outlet. If I am wrong and Clause 37 includes cafés, bars and restaurants, then I am content that there is no problem. However, if it does not, we have a gaping hole in the law and my amendment is essential to plug it. If I am right that those are not covered, I hope the Minister will bring forward a little amendment to ensure that those workers get the same protection as workers in retail shops.